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Home My WebLink About2014 05.19 City Council Work Session Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers 1U Z at City Hall Agenda 300 E.Superstition Blvd. \gilONr Apache Junction,AZ - City Council Work Session 85119 apachejunctionaz.gov Ph:(480)982-8002 Monday, May 19,2014 7:00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1. 14-234 Presentation and discussion on qualifications to be Citizen Leadership Institute participants (nonresident v. resident). Presentation and discussion. Sponsors: Constance Halonen 2. 14-242 Presentation and discussion with council regarding advertising on city vehicles and staff's proposed guidelines for the city's partnership program. Mr. Chad Dragos, Public Safety Advertising, will give a report to council regarding his company's involvement with vehicular advertising. Presentation and discussion. Sponsors. Roger Hacker Attachments: Council Report May 19,2014 Public Safety Advertising Brochure Proposed Guidelines Amended by Council 3. 14-240 Presentation and discussion on Resolution No. 14-29, authorizing the submission of a grant for the Apache Junction Police Department's cold case unit to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2014-2015. Presentation and discussion. Sponsors: Heather Patel Attachments: Staff Report Resolution 14-29 City of Apache Junction,Arizona Pagel Printed on 611512026 City Council Work Session Agenda May 19,2014 4. 14-263 Presentation and discussion on Resolution No. 14-31, authorizing the submittal of an application for East Valley Adult Resources to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2014-2015. Presentation and discussion. Sponsors: Heather Patel Attachments: Staff Report Resolution No. 14-31 5. 14-251 Presentation and discussion on award of two-year contracts to William Pearlman and Carrie Canizales for indigent defense services with a base monthly payment of$1,725.00 for each attorney. Presentation and discussion. Sponsors: James Hazel Attachments: Memo to council Indigent Defense Services Bid Opening Contract Canizales 6. 14-235 Presentation and discussion on the Legislative Work Plan for Fiscal Year 2013-2014 and Fiscal Year 2014-2015. Presentation and discussion. Sponsors: Matt Busby Attachments: Legislative Work Plan FY 13-14 RESULTS 7. 14-243 Presentation and discussion on quarterly update on the Downtown Redevelopment and Implementation Strategy (DRIS). The DRIS, adopted by the city council with the approval of Resolution No. 10-34, recommends specific goals and strategies geared toward fostering revitalization in the downtown. The resolution requires staff to provide a quarterly update to the mayor and city council on the status of the items in the work plan, and any suggested staff modifications thereto. Mr. Ed Gawf with G&G Consulting, LLC and primary author of the DRIS will be present to share with the city council his thoughts on progress, next steps and maintaining the momentum for downtown Apache Junction. Presentation and discussion. Sponsors: Bryant Powell City of Apache Junction,Arizona Page 2 Printed on 611512026 City Council Work Session Agenda May 19,2014 8. 14-250 Revisions to Apache Junction City Code, Chapter 3, Administration, to establish uniform language to allow the city manager to have sole discretion in removing department heads without city council ratification. Current city code language is inconsistent in the appointment and removal process for department head positions. Council may direct staff to amend the code and establish consistency. This item will be on the May 20 agenda as direction to staff. Discussion only. Sponsors. Kathy Connelly Attachments: 2014 department head language.ws 2014 department head attachment 9. 14-254 Discussion on changes to Apache Junction City Code, Volume I, Chapter 3, Administration, Article 3-1 City Manager, Section 3-1-8 Powers and Duties, in order to make code provisions consistent with actual practice. This code section requires that the city manager make recommendations on all agenda items. Council has changed position on this in the past and may wish to revise the code accordingly. Discussion only. Sponsors: Kathy Connelly 10. 14-257 Discussion and update on Silverado Estates. Earlier this year residents of Silverado Estates contacted the city relating to code compliance and harassment issues within the park located at 2900 West Superstition Blvd. Mayor and city council has requested an update on this matter. Discussion only. Sponsors: Joel Stern D. ADJOURNMENT Copies of this agenda and additional information regarding any of the items listed above may be obtained Monday through Thursdays, 7:00a—6:00p, excluding holidays, from the City Clerk's office located at: 300 East Superstition Boulevard,Apache Junction,AZ If any person with a disability needs any type of accommodation, please notify the Human Resources Office, at(480)474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time. City of Apache Junction,Arizona Page 3 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. '+'Piz File ID: 14-234 Sponsor: Constance Halonen Agenda Date: 5/19/2014 Index: In Control: City Council Work Session Presentation and discussion on qualifications to be Citizen Leadership Institute participants (nonresident v. resident). Presentation and discussion. Discussion on the mission of CLI, its sessions and who can attend. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ _ 85119 • Agenda Item No.2. �Piz File ID: 14-242 Sponsor: Roger Hacker Agenda Date: 5/19/2014 Index: In Control: City Council Work Session Presentation and discussion with council regarding advertising on city vehicles and staffs proposed guidelines for the city's partnership program. Mr. Chad Dragos, Public Safety Advertising, will give a report to council regarding his company's involvement with vehicular advertising. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 pp ACH O n� Z City of Apache Junction RI Z oNP Development Services Department MEMORANDUM DATE: May 1 , 2014 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director FROM: Roger S. Hacker, Revenue Resources Manager SUBJECT: Presentation And Discussion On The City's Corporate Partnership Program REQUEST Staff respectfully requests that the city council: 1) receive a report from Mr. Chad Dragos, Chief Executive Officer ("CEO") of Public Safety Advertising ("PSA") regarding the possible placement of advertising on city vehicles and 2) review and discuss the staff's suggested guidelines for the city's Corporate Partnership Program ("program"). BACKGROUND Vehicular Advertising 2013: Staff is asked by a potential corporate partner if the city would accept advertising on city vehicles. At the direction of the city manager, staff polls the city councilmembers to assess their support for this potential new source of revenue. Staff distributes the information to councilmembers. 2014: Staff again distributes information to councilmembers. During the April 14t" work session, staff reviews comments and presents information about outdoor advertising companies that potentially work with public entities on vehicular advertising. Staff presents information regarding PSA. PSA worked with the Superstition Fire and Medical District. Council directs staff to invite a representative of PSA to attend a future council work session. See Attachment One for PSA's promotional brochure. Suggested Guidelines 2007: City contracts with IEG Advisory ServicesTM to conduct an assessment of the city's potential for initiating a corporate partnership program. In its summary report, IEG notes that, "Corporate partnerships must be in keeping with the City's mission and preserve constituent trust." IEG indicates that it is important to have a discussion with policy makers to identify those types of industries that are acceptable for the partnership program. IEG suggests that it will be easier to identify those types of industries that would not be appropriate to be included in the program and suggests that the city have a discussion with the city council regarding a set of guidelines. IEG's proposed guidelines delineate those industries not to be included in the city's program. 2013: City manager directs staff to meet and develop a set of guidelines for presentation to the council. After reviewing examples of such guidelines, staff develops a set of proposed guidelines. 2014: Staff presents proposed guidelines to council during its April 14 work session. Council offers additions and deletions. See Attachment Two for a copy of the amended guidelines. Suggested deletions are in bold text with a strike through. Suggested additions are in bold, italicized text. . DISCUSSION Vehicular Advertising Mr. Dragos will provide additional information regarding his experience with vehicular advertising and its economic potential for the City of Apache Junction. At the conclusion of this report, staff will ascertain if the council desires additional information or action on this matter. Suggested Guidelines The attached guidelines represent council's thinking on the matter as of April 14, 2014. If there are no further additions/deletions, staff will ascertain the next step in the adoption of the guidelines. RECOMMENDATION Staff respectfully recommends that the council: 1) receive Mr. Dragos' report and 2) review and discuss the staff's suggested guidelines for the city's Corporate Partnership Program. ACTION REQUIRED Receive report. Review and discuss amended guidelines. Attachment One: Public Service Advertising—Marketing Brochure Attachment Two: Corporate Partnership Program--Proposed Guidelines Page 2 of Fire Truck Advertising 9 Increase Your Budget Now! Public Safety Advertising ir MaUNTAII D9►�Y__„TuFNj ! SWO9 Y Public Safely Advertising What have you lost? The past few years have been an economic challenge for fire departments throughout the United States. Fire districts and municipal departments have seen budget reductions and decreased federal support with rapidly declining grant opportunities and amounts. With the recent changes in Medicare, ambulance funding and restrictions from regular taxing revenues we can only expect additional financial constraints. Smaller budgets mean loss of much needed public programs, equipment and in some cases even loss of jobs. What have you lost? • Drowning Prevention? • CPR/First-Aid/AED Programs? • Special Operations? • Events Management? • School Programs? • Fire Prevention? • Equipment? • Training? • Personnel? Advertising is big business and we want to bring this business to you. Advertising on fire trucks has tremendous potential to bring in much needed support for essential programs, equipment and personnel needs. We want to assist you in bringing in hundreds of thousands and even millions of dollars to your fire department. "Community enhancement through local business growth while supporting public safety" Public Safety Advertising By having PSA as your representative, you get the best advertising in the most professional way. We have extensive background in the fire service, providing us with a dynamic advantage in securing beneficial partnerships. We understand traditions, mission statements and political wellbeing. We help you every step of the way to make this outside the box thinking become reality. We have created the only proprietary and proven formula for generating significant private funds. We understand the Fire Service Public Safety Advertising is your representative We understand the fundamental requirements of local politics and each ✓ Our staff are current & retired revenue generating solution will be tailored firefighters. We provide to meet the demands of each individual fire solutions. department. You will make the decisions that are important to you with regard to the ✓ We are the single largest amount of apparatus advertising space, who representative for public the advertiser is, the advertising duration, safety professionals creating pricing as well as any other details you more revenue options. dictate. We take those specifications and create the platform for your new money ✓ We maintain relations with making opportunity. To save you time and top advertising firms across money we even manage the many hours of the country to better negotiations, the contracts and the coordinate efforts & increase production of the advertising. revenues. ✓ We provide solutions for We look forward to hearing from you. political red tape. ✓ Maximum returnsystem � , PPublic Safety Advertising development. Higher than any current "transit" Public Safety Advertising, LLC advertising. 3120 W. Carefree Hwy. Suite 1-545 Phoenix, Arizona 85086 ✓ We save you time & money in managing the details. Office: 623-556-3038 Mon-Fri: 9:OOam - 5.00pm Admin(a)-PublicSafetyAd vertising.com Public SafetyAdvertising.com Attachment Two Corporate Partnership Program (Amended by City Council April 14, 2014) Proposed Guidelines Staff recommends that the following categories of products be excluded from the city's Corporate Partnership Program ("Program"): • Alcoholic beverages when the targeted beneficiaries of the partnership are youth under the State's legal drinking age. • Tobacco products. • Adult-themed hes, rnater� and/or restaurants businesses or activities. • Guns or other weapons (including brands and distributors). • Political candidates and campaigns. Based upon advice provided by the city attorney, it should also be noted that: • The city reserves the right to decline a business partnership in its own discretion to preserve the health, safety and welfare of its residents. However, city will not discriminate based on race, age, gender, national origin, color, religion, familial status, or physical disability. • The city does have the right to decline a business partnership as long as the decision is related to an important government purpose, such as the protection and preservation of the public's health safety and welfare. Page 1 of 1 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 3. Piz File ID: 14-240 Sponsor: Heather Patel Agenda Date: 5/19/2014 Index: In Control: City Council Work Session Presentation and discussion on Resolution No. 14-29, authorizing the submission of a grant for the Apache Junction Police Department's cold case unit to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2014-2015. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 Pp AGt-1F✓ � G,y 0 V `= = � City of Apache Junction gRizo Development Services Department MEMORANDUM DATE: May 7, 2014 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger S. Hacker, Revenue Resources Manager FROM: Heather Patel, Grants Coordinator SUBJECT: Proposition 202 State Shared Revenue Program Grant Application(s) for Fiscal Year 2014-2015. REQUEST Presentation and discussion on Resolution Nos. 14-29 authorizing the submission of a grant for the Apache Junction Police Department's cold case unit and 14-31 approving the submittal of an application for East Valley Adult Resources to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2014-2015. BACKGROUND In November 2002, the voters of Arizona approved Proposition 202 which initiated new gaming compacts between the State of Arizona and the Native American tribes. An important provision of Proposition 202 was the sharing of gaming revenues with the State. Henceforth, tribes would be assessed by the State a percentage of their gross gaming revenue. Tribes had the option of either paying all of this assessment into a State managed fund or to pay 88% of the assessment into the State managed fund and retain 12% of the assessment for distribution as grants. The Gila River Indian Community("GRIC") exercised its option to retain and administer 12% of State shared revenue. Known as the Gila River Indian Community State Shared Revenue Program, the Program makes "Distributions to cities, towns, or counties for government services that benefit the general public, including public safety, mitigation of the impacts of gaming, or promotion of commerce and economic development." Gila River's policy is to generally limit the distributions to cities, towns, and counties in Maricopa and Pinal Counties. Funding priorities include: 1)Public Safety(police, fire, EMS); 2) Transportation; 3) Health Care Services; 4) Economic Development; and 5) Education. The law also stipulates that local nonprofits may submit applications to tribal entities if the nonprofit organization is "sponsored"by an appropriate municipality. In such cases, the municipality agrees to act as a conduit for the grant funds. The municipality receives the grant funds from the tribal entity and in turn issues a check to the nonprofit agency. On August 2, 2011, the city council approved the City of Apache Junction Indian Community State Shared Revenue Program Local Nonprofit Participation policy. The purpose was to delineate criteria which the city may utilize to determine "sponsorship" of a nonprofit organization for participation in the Indian Community State Shared Revenue Program. On February 3, 2014, the City of Apache Junction advertised a call for non-profits to attend an informational meeting on February 10, 2014. Attendees were advised on the application process. Project summaries were due to the City of Apache Junction by March 3, 2014 for consideration by the city council. On April 1, 2014 the city council approved the following resolutions and projects for submission: Resolution Entity Project Amount Tribal Entity No. 14-08 Parks and Recreation Fit Families $12,600.00 GRIC Ex ansion 14-14 Mountain Health and Equipment $257,382.80 GRIC Wellness 14-15 Empowerment Self-management $37,000.00 GRIC Systems workshops 14-16 Empowerment Self-management $37,000.00 FMYN Systems I workshops DISCUSSION In late April, the police department's cold case unit requested consideration for submission of a Gila River Indian Community grant. Due to the late request, they were not included in the April 1, 2014 discussion. Therefore staff is before the city council again, requesting the consideration of Resolution No. 14-29. The unit is requesting $31,778.00 for the purchase of equipment to include a car,phones, computers, cameras, voice recorders, uniforms, and other office equipment. The city's cold case unit is a new unit within the department and is run by volunteers. There presently is no funding allocated in the department budget for their operations. Additionally, on May 5, 2014 East Valley Adult Resources has asked to also be included in the program and is seeking $40,000.00 for the continuation of their senior transportation program. RECOMMENDATION Staff respectfully recommends the city council review and discuss the proposed projects and Resolution Nos. 14-29 and 14-31 and ask questions of the representatives present. ACTION REOUIRED Review and discuss projects and resolutions. Attachment 1: Resolution No. 14-29 Attachment 2: Resolution No. 14-31 RESOLUTION NO. 14-29 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS . WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues; and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that: 1) benefit the general public; 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, the Gila River Indian Community (the `Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program; and WHEREAS, the Community developed an expanded list of "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : Section 1 : Staff is authorized to submit an application, on behalf of the City of Apache Junction Public Safety Cold Case Unit, to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign the application, contracts and grant documents for receipt and distribution of the Proposition 202 funds for the operation of the cold case unit in an amount not to exceed $31, 778 . 00 . RESOLUTION NO. 14-29 PAGE 1 OF 2 Section 2 : The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application. Section 3 • The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF , 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-29 PAGE 2 OF 2 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.4. Piz File ID: 14-263 Sponsor: Heather Patel Agenda Date: 5/19/2014 Index: In Control: City Council Work Session Presentation and discussion on Resolution No. 14-31, authorizing the submittal of an application for East Valley Adult Resources to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2014-2015. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 Pp AGt-1F✓ � G,y 0 V `= = � City of Apache Junction gRizo Development Services Department MEMORANDUM DATE: May 7, 2014 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger S. Hacker, Revenue Resources Manager FROM: Heather Patel, Grants Coordinator SUBJECT: Proposition 202 State Shared Revenue Program Grant Application(s) for Fiscal Year 2014-2015. REQUEST Presentation and discussion on Resolution Nos. 14-29 authorizing the submission of a grant for the Apache Junction Police Department's cold case unit and 14-31 approving the submittal of an application for East Valley Adult Resources to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2014-2015. BACKGROUND In November 2002, the voters of Arizona approved Proposition 202 which initiated new gaming compacts between the State of Arizona and the Native American tribes. An important provision of Proposition 202 was the sharing of gaming revenues with the State. Henceforth, tribes would be assessed by the State a percentage of their gross gaming revenue. Tribes had the option of either paying all of this assessment into a State managed fund or to pay 88% of the assessment into the State managed fund and retain 12% of the assessment for distribution as grants. The Gila River Indian Community("GRIC") exercised its option to retain and administer 12% of State shared revenue. Known as the Gila River Indian Community State Shared Revenue Program, the Program makes "Distributions to cities, towns, or counties for government services that benefit the general public, including public safety, mitigation of the impacts of gaming, or promotion of commerce and economic development." Gila River's policy is to generally limit the distributions to cities, towns, and counties in Maricopa and Pinal Counties. Funding priorities include: 1)Public Safety(police, fire, EMS); 2) Transportation; 3) Health Care Services; 4) Economic Development; and 5) Education. The law also stipulates that local nonprofits may submit applications to tribal entities if the nonprofit organization is "sponsored"by an appropriate municipality. In such cases, the municipality agrees to act as a conduit for the grant funds. The municipality receives the grant funds from the tribal entity and in turn issues a check to the nonprofit agency. On August 2, 2011, the city council approved the City of Apache Junction Indian Community State Shared Revenue Program Local Nonprofit Participation policy. The purpose was to delineate criteria which the city may utilize to determine "sponsorship" of a nonprofit organization for participation in the Indian Community State Shared Revenue Program. On February 3, 2014, the City of Apache Junction advertised a call for non-profits to attend an informational meeting on February 10, 2014. Attendees were advised on the application process. Project summaries were due to the City of Apache Junction by March 3, 2014 for consideration by the city council. On April 1, 2014 the city council approved the following resolutions and projects for submission: Resolution Entity Project Amount Tribal Entity No. 14-08 Parks and Recreation Fit Families $12,600.00 GRIC Ex ansion 14-14 Mountain Health and Equipment $257,382.80 GRIC Wellness 14-15 Empowerment Self-management $37,000.00 GRIC Systems workshops 14-16 Empowerment Self-management $37,000.00 FMYN Systems I workshops DISCUSSION In late April, the police department's cold case unit requested consideration for submission of a Gila River Indian Community grant. Due to the late request, they were not included in the April 1, 2014 discussion. Therefore staff is before the city council again, requesting the consideration of Resolution No. 14-29. The unit is requesting $31,778.00 for the purchase of equipment to include a car,phones, computers, cameras, voice recorders, uniforms, and other office equipment. The city's cold case unit is a new unit within the department and is run by volunteers. There presently is no funding allocated in the department budget for their operations. Additionally, on May 5, 2014 East Valley Adult Resources has asked to also be included in the program and is seeking $40,000.00 for the continuation of their senior transportation program. RECOMMENDATION Staff respectfully recommends the city council review and discuss the proposed projects and Resolution Nos. 14-29 and 14-31 and ask questions of the representatives present. ACTION REOUIRED Review and discuss projects and resolutions. Attachment 1: Resolution No. 14-29 Attachment 2: Resolution No. 14-31 RESOLUTION NO. 14-31 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS . WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues; and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that: 1) benefit the general public; 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, private, not-for-profit organizations wishing to access Proposition 202 funding to provide public benefits must secure sponsorship from a city, town or county before making application. Said sponsorship must be expressed in a resolution passed by the local government sponsor; and WHEREAS, the Gila River Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program; and WHEREAS, the Community developed an expanded list of "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : Section 1 • Staff is authorized to submit an application, on behalf of East Valley Adult Resources, to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign the RESOLUTION NO. 14-31 PAGE 1 OF 3 application, contracts and grant documents for receipt and distribution of the Proposition 202 funds for the operation of the Senior Transportation Program in an amount not to exceed $40, 000 . 00 . Section 2 • The Mayor is authorized to execute a grant pass-through agreement between the City of Apache Junction and the Mountain Health and Wellness for use of the funds if the grant is awarded. Section 3 • The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application. Section 4 • The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 5 : The City has no duties under or related to this resolution other than to receive the funds and deliver same to East Valley Adult Resources; the determination as to the amount of funding is solely at the discretion of the Gila River Indian Community. All parties agree there are no third-party beneficiaries to this document. Section 6 • If awarded funding, East Valley Adult Resources will provide the City of Apache Junction copies of all reports and documents related to the project funded by the Gila River Indian Community. Section 7 • The City Council supports this grant request for funding and if RESOLUTION NO. 14-31 PAGE 2 OF 3 awarded will administer the funds directly to East Valley Adult Resources as a pass-through grant . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF , 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-31 PAGE 3 OF 3 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 5. Piz File ID: 14-251 Sponsor: James Hazel Agenda Date: 5/19/2014 Index: In Control: City Council Work Session Presentation and discussion on award of two-year contracts to William Pearlman and Carrie Canizales for indigent defense services with a base monthly payment of$1,725.00 for each attorney. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 Pp A HF Home of the Superstition Mountains q� oNP Municipal Court TO: Mayor and City Council FROM: James W. Hazel, Presiding Magistrate RE: Approval of Contracts for Indigent Defense Services DATE: May 5, 2014 Both the Unites States and Arizona law require the appointment of public defenders to those who cannot afford an attorney when charged with a crime. The current contracts for indigent defense expire on June 30, 2014. The bids requesting "Statement of Qualifications for Indigent Defense Services"were opened on April 17, 2014. A copy of that bid opening is attached. I recommend approval of contracts with William Pearlman and Carrie Canizales to provide public defender services in the Apache Junction Municipal Court for a two-year term. The attorneys are paid $1,725.00 per month and are required to represent up to 165 clients in a fiscal year. The contract will be in effect from July 1, 2014-June 30, 2016. Your consideration of this recommendation is appreciated. BID OPENING TITLE OF BID OPENING: REQUEST FOR STATEMENT OF QUALIFICATIONS FOR INDIGENT DEFENSE SERVICES BID PROJECT NUMBER: DATE OF BID OPENING: THURSDAY, APRIL 17, 2014 AT 2:00 P.M. COMPANY NAME & ADDRESS STATEMENT OF QUALIFICATIONS RECEIVED WILLIAM J. PEARLMAN X 1237 S. Val Vista Mesa, AZ 85204 LAW OFFICES OF CARRIE CANIZALES, PLLC X 4802 E. Ray Road Suite 23-510 Phoenix, AZ 85044 Suzann eninger anet 1. ason Senior Clerk r DeputClerk Apache Junction Municipal FILE➢HPRITIA Pm2;56 PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND CARRIE CANIZALES FOR REPRESENTATION OF DEFENDANTS WHO COMMIT MISDEMEANORS FILED IN APACHE JUNCTION MUNICIPAL COURT THIS AGREEMENT is made and entered into this day of , 20_, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and Carrie Canizales, Attorney at Law ("Attorney"), sometimes collectively referred to as the "Parties" or individually as a "Party". RECITALS A. The Presiding Magistrate of City's Municipal Court (hereinafter the "Court') appoints defense attorneys to provide legal representation services to defendants on an as-needed basis. B. While these types of professional services are exempt from the requirements of the open market procedures set forth in Apache Junction City Code, Vol. I, Article 3-7, the City has opted to advertise for bids in order to fully review the qualifications of all interested providers. C. After completion of the bidding process, City has identified Attorney as the preferred provider. D. This Agreement is intended to set forth the rights and obligations of the Parties. AGREEMENT NOW, THEREFORE, City agrees to retain and does hereby retain Attorney and Attorney agrees to provide the services required according to the terms and conditions set forth below: 1. ATTORNEY'S DUTIES: Attorney agrees to perform the following professional services: A. Provide legal defense for indigent defendants assigned to Attorney after execution date of this contract by Court. Court schedule will not be changed arbitrarily and without prior consideration of Attorney's schedule. Such services shall be on an "as needed" basis and City does not guarantee any minimum compensation or salary. B. Represent indigent defendants assigned to Attorney by the City Magistrate from the date of assignment through final disposition of assigned cases, whether the cases are completed during the agreement period or afterwards, and be responsible for completing all cases that are active through the Term of the Agreement. C. Prepare for and appear at all Court proceedings pertaining to assigned defendants including, but not limited to: pretrial conferences, motions, jury and non jury trials, evidentiary hearings, restitution hearings, sentence reviews, bond reduction or release motions, revocation of probation hearings, oral arguments, sentencings, order to show cause hearings, appellate proceedings and special actions, as well as appeals to higher courts. Attorney will not be required to be present at arraignments except where defendants request appointment of counsel and qualify for legal defense facilitated by City. In these instances, the arraignment will be continued until the time of a pretrial hearing, when Attorney shall be present. Once appointed, Attorney shall represent each defendant throughout all stages of the proceedings, including appeals and other appropriate post-conviction reliefs, until Attorney is relieved from the case by court. D. Provide personal consultation with clients prior to pretrial disposition conferences when requested or otherwise appropriate. Attorney shall maintain personal contact with all clients until assigned cases are terminated and shall use reasonable diligence in notifying such clients of official Court action resulting from their clients' nonappearance at scheduled court sessions (proof of such notice must be supplied upon request). E. Conduct the defense of indigent defendants in conformance with the minimum standards and requirements set forth in Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L.Ed.2d 674 (1984); and in State v. Smith, 140 Ariz. 355, 681 P.2d 1374 (1984); and in State v. Lee, 142 Ariz. 210, 689 P.2d 153 (1984). In the event that a case involves two or more defendants or Attorney declares a conflict of interest, Court may assign one or more defendants to another Attorney. F. Provide substitute counsel when unable for any reason to appear in Court or at events described in subsection B above. Substitute counsel shall not be used routinely. In general, substitute counsel should be used only when Attorney cannot serve as defense counsel because of illness or scheduled vacation, or prior legal commitment of precedence in another 2 court. Within ten (10) calendar days of the execution of this agreement, Attorney shall provide the Presiding Magistrate with the names, addresses and telephone numbers of substitute counsel who will be responsible for providing defense services. No counsel shall be offered as a substitute in performance of defense services without the prior written consent of Court. Such consent shall not be arbitrarily or unreasonably withheld or withdrawn. G. Pay for interpreters for all out-of-court matters. Court will provide and will pay for interpreters for non-English speaking defendants for all in-court and pretrial proceedings. H. Pay all costs incurred in the representation of indigent defendants assigned by Court pursuant to this agreement including, but not limited to, office space, telephones, transportation, photographs, photocopies, office supplies, office overhead, reports, and secretarial services. I. Obtain Court approval of all expert witnesses. City will be responsible for fees for expert witnesses up to a maximum of $500.00 per case, with the $500.00 figure exceeded only where appointment of such witness is ordered by Court. J. Advise Court when indigence of any given defendant is questionable. Attorney shall not be asked to advise clients until the Court has determined that they are indigent and are entitled to court-appointed Attorney representation. Attorney may request a review of the indigence of any defendant assigned to him/her. If Court makes a determination of non-indigence of such a defendant and allows Attorney to withdraw, Attorney shall not represent that defendant in that case for a fee. K. Give precedence to settings in the Court over civil cases and all other criminal cases in other courts which do not have precedence as provided by the Arizona Rules of Criminal Procedure. L. Serve as advisory counsel to in-custody defendants being seen by Court on the attorney regularly scheduled appearance day as permitted pursuant to Arizona Criminal Rules of Procedure, Rule 6.1(c). 2. ALLOWABLE CASELOAD: No more than 165 defendants annually will be assigned to Attorney during the Term of this Agreement by the Court. Attorney will be credited with one appointment for each defendant assigned. If 3 Attorney is appointed to represent a defendant who has more than one municipal court case pending, Attorney shall be credited with one-half of one appointment for each additional municipal court case associated with each assigned defendant. 3. OFFICE: Attorney shall have an office or make arrangements to use office that is located within forty-five (45) mile radius of the corporate limits of City for personal consultation with clients when requested and otherwise appropriate. Such office must receive clients in person and by telephone from 7:00 a.m. to 6:00 p.m., Mondays through Thursdays, but not Fridays, Saturdays, Sundays and legal holidays. 4. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Attorney for its professional services as follows: Regardless of number of hours worked or number of defendants represented, Attorney shall receive compensation in the amount of $20,700.00 annually, payable at a monthly rate of $1,725.00 per month, billable at the end of each month of service. Should any case be appealed to Superior Court, to include any special action, Attorney shall receive an additional $500.00 as the sole compensation for conducting such appeal. Any additional cases assigned above this annual amount shall be compensated at$160.00 per case. Attorney shall submit monthly invoices for payment no later than the tenth day of the calendar month for which Attorney is billing. City will make payment to Attorney within thirty (30) calendar days from date of receipt of invoice from Attorney. All fees will be monitored for reasonableness and for case management. Unreasonable fees will not be paid. If Attorney is present for pretrial for multiple defendants, the time charged to Court is to be divided by the number of defendants. 5. TERM: This Agreement shall be effective beginning July 1, 2014 and shall continue through June 30, 2016, subject to the Termination provisions set forth in Section 9 of this Agreement. 6. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Attorney with all data, information and other supporting services necessary and reasonable for Attorney to perform the services setforth within this Agreement. 7. ATTORNEY'S STANDARD OF PERFORMANCE: While performing the services, Attorney shall exercise the reasonable professional care and skill customarily exercised by reputable attorneys practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising his/her professional skill and expertise. Attorney shall be responsible for all errors and omissions Attorney commits in the performance of this Agreement. Attorney shall notify Court after being arrested for any violation of 4 any law within twenty-four (24) hours of such arrest. Attorney shall also advise Court no later than twenty-four (24) hours after being notified of any bar complaint being filed with any State Bar, or any arrest, and any self-reporting of unethical conduct. Any arrest, bar complaint or self-reporting may be considered a breach of good faith under this agreement, especially in situations where such circumstances place the City in a bad light or otherwise is a public embarrassment as determined by the Court in his or her sole discretion. 8. NOTICES: All notices to the other Party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: James Hazel Presiding Magistrate City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 If to Attorney: Carrie Canizales 4802 E Ray Rd Ste 23-510 Phoenix, AZ 85044-6417 9. TERMINATION: Either Party may terminate this Agreement by providing thirty (30) days' written notice for any reason. 10. INDEPENDENT CONTRACTOR: The relationship created under this Agreement between Attorney and City/Court shall be solely that of an independent contractor, and nothing contained herein shall be construed to create a relationship of attorney-client, principal-agent, employer-employee, partnership, joint venture, or any relationship of any kind other than independent contractor. Because Attorney is an independent contractor, the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, Older Workers' Benefit Protection Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Arizona revenue and taxation laws, Arizona worker's compensation law, and Arizona unemployment insurance law are not applicable. Attorney will retain sole and absolute discretion and judgment in the manner and means of carrying out Attorney's activities and responsibility hereunder. As an independent contractor, Attorney is not required to perform work exclusively for City during the term of this Agreement. In the event of Termination, early or by non-renewal of this Agreement, Attorney shall, complete all assigned cases and within fifteen (15) calendar days after such notice is received by either Party, or within fifteen (15) calendar days of the anniversary date if the Agreement is not renewed, provide all client files to the Court and shall provide a final bill for services. 5 11. RECORDS: Records of Attorney's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Attorney shall maintain records for a period of at least two (2) years after termination or non- renewal of this Agreement or for such time as is required applicable ethical rules and/or opinions, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of Attorney. 12. INSURANCE: Attorney shall purchase and maintain minimum professional liability/malpractice insurance with companies duly licensed, in an amount satisfactory to City/Court. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City/Court, constitute a material breach of this Agreement. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City/Court. City/Court reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City/Court shall not be obligated, however, to review same or to advise Attorney of any deficiencies in such policies and endorsements, and such receipt shall not relieve Attorney from, or be deemed a waiver of, City's or Court's right to insist on strict fulfillment of Attorney's obligations under this Agreement. Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City from Attorney. 13. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Attorney. 14. FORCE MAJEURE: Neither City nor Attorney, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond their control and without their fault or negligence or failure to comply with any applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather, acts of a public enemy, war, terrorism or act of terror 6 (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the services under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, desired by Attorney in connection with the services. Attorney agrees that Attorney alone will bear all risks of delay which are not Enforced Delay. 15. INDEMNIFICATION: To the fullest extent permitted by law, Attorney shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, employees and Court from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Attorney, its agents, or employees in the performance of this Agreement. Attorney's duty to defend, hold harmless and indemnify City, its elected and appointed officers, officials, agents, employees and Court shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Attorney's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Attorney, or any other person for whose acts, errors, mistakes, omissions, work or services Attorney may be legally liable. The provisions of this paragraph shall survive termination of this Agreement. 16. WAIVER OF TERMS AND CONDITIONS: The failure of City or Attorney to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 17. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue or removal in such proceeding to any other county or other jurisdiction. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action 7 shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 18. MODIFICATION OF CONTRACT: This contract shall be automatically modified to comply and conform to any subsequent change (regarding indigent representation) imposed by case law or rules promulgated by the Arizona Supreme Court. 19. LICENSE: Attorney represents and warrants that any license necessary to perform the work under this Agreement is current and valid; such license includes but is not limited to an Arizona license to practice law and a City of Apache Junction business license. Attorney understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Attorney agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code and keep such licenses current during the term of this Agreement. Attorney also represents and warrants that there are no pending bar complaints in any state Attorney is licensed to practice, and that Attorney is not on suspended, revoked, or disbarred status in any jurisdiction where so licensed. 20. MISCELLANEOUS: A. All agreements shall be interpreted to avoid questions of unethical conduct by Attorney or City. B. Attorney shall not collect or receive any payment or remuneration from defendants assigned to Attorney under this Agreement for services provided on the assigned cases. C. Attorney shall maintain current case logs and disposition records. D. Attorney shall not discriminate against any employee, or applicant for employment because of race, religion, color, gender, handicap, or national origin. E. Attorney shall permit the authorized representatives of City to inspect and audit records of Attorney relating to his/her performance under this contract within the confines of confidentiality. 21. NONASSIGNMENT: This is a personal service contract based on the personal reputation, expertise, and qualifications of Attorney and Attorney's duties under this Agreement are therefore not assignable. 8 22. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Attorney and supersede all prior negotiations, representations or agreements, express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically be considered enforceable contract provisions, and shall supersede any inconsistent provisions of any previously negotiated agreement and any applicable amendments thereto; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 23. SEVERABILITY: City and Attorney each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable law, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 24. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. ATTORNEY: By: C a f i s l_Aly 1-Z -I o 9 CITY OF APACHE JUN N, rizonna 1muni ipal orpo tion: V By:y ames W Haze P siding Ma trat APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. QitoN►' File ID: 14-235 Sponsor: Matt Busby Agenda Date: 5/19/2014 Index: In Control: City Council Work Session Presentation and discussion on the Legislative Work Plan for Fiscal Year 2013-2014 and Fiscal Year 2014-2015. Presentation and discussion. At the beginning of each fiscal year the city council adopts a legislative work plan. The legislative work plan identifies priority and focus items that may require legislative action by the council. Staff will present results of the the Fiscal Year 2013-14 Legislative Work Plan and listen to discussion about possible items that the council may like to see added to the Fiscal Year 2014-15 Legislative Work Plan. City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Legislative Work Plan Fiscal Year 2013-2014 UPDATE DEVELOPMENT OF COMMUNITY 1. Comprehensive Zoning Code Update I Development Services 12 d Quarter This major/comprehensive update to the City's 1985 vintage Zoning Code will be a major in-house project for the department.The updated Zoning Code will include, among other things, unique land- use provisions for certain character districts, such as the proposed Rural Western Lifestyle District. The project is nearing completion with the Planning and Zoning Commission.This item was carried forward from the FY 12/13 legislative work plan. Status: COMPLETE 2. Comprehensive Development Fee Update I Development Services 1 2nd Quarter The State Legislature has changed the law for development fees.The city will need to hire professional consultants to prepare the development fee study, infrastructure improvement plan and fee study in accordance with those changes.This item was carried forward from the FY 12/13 legislative work plan. Status: COMPLETE 3. Lost Dutchman Heights Concept Plan I Development Services 1 3rd Quarter There is a possibility that the Arizona State Land Department (ASLD) may wish to proceed ahead with the City's Planning processes within the next year. Staff will begin reformulation of the previous land plan draft for future Council review and possible approval as a concept plan prior to ASLD auction. This item was carried forward from the FY 12/13 legislative work plan. Status: Planning staff forwarded the concept plan to the Arizona State Land Department(ASLD) Commissioner and city council for review in spring 2014. Awaiting action from commissioner. ROLL FORWARD 4. Landfill Closure Ordinance Amendment I Development Services 1 4r"Quarter City ordinance requires the owner of the landfill to work with the City on a closure plan. Amendments to the ordinance are needed to clarify and define the City's interests regarding the landfill post- closure.This item was carried forward from the FY 12/13 legislative work plan. Status: Staff continues to work with Republic-Allied Waste on a master plan for passive recreational use of the landfill upon closure. Republic recently had a change of staff and is regrouping. We anticipate that a closure plan will be worked out and presented to the Council in 2014. It appears, however,that closure of the landfill is at least 12 years out and is subject to future economic cycles and Republic's business planning. ROLL FORWARD 5. Odor Easement Ordinance I Development Services 12 d Quarter In order to save significant dollars in a land purchase for an odor easement required by Arizona Department of Environmental Quality (ADEQ), the Superstition Mountain Community Facilities District (SMCFD) is proposing that the city adopt an ordinance regarding reducing the size of a required odor easement to satisfy ADEQ requirements. This is assist in preparing for the eventual development of state trust land near and around the SMCFD property. This item was carried forward from the FY 12/13 legislative work plan. Status: The City understands that this is no longer necessary. COMPLETE 6. Superstition Vistas I City Manager I As Needed The Superstition Vistas project area covers 275 square miles of undeveloped Arizona state trust land on the eastern edge of Phoenix. City council is interested in actively tracking the progress of the long term project and providing input to stakeholders at the state, county, and others.This is an annual work plan item. Status: The plan is complete and a preferred scenario has been selected. City staff actively tracks and participates with the group and will keep city council members informed. ROLL FORWARD/ONGOING ITEM COMMUNITY INFRASTRUCTURE 7. Storm Water Master Plan— Public Works 14th Quarter Consideration and possible direction to staff regarding an update of the 2000 Storm Water Master Plan. Due to recent storm events Public Works staff would like to update an existing study that would assist in outlining an systematic approach on addressing drainage and flooding issues within the City. Status: The Capital Improvement Plan is scheduled for Council presentation by the consultant in the next several weeks and the City Engineer will be presenting to Council in a few months on drainage related matters such recent changes to the FEMA floodplains& NPDES regulations. Depending on the outcome these presentation, Public Work staff will know whether or not to proceed with the Storm Water Master Plan. ROLL FORWARD 8. Park Improvements—NEW I Parks and Recreation 13rd Quarter Consideration of planned park improvements to include ADA compliant walkway enhancements (sidewalks) and the conversion of tennis courts to multi-use courts to provide pickle ball opportunities. Status: Project is 90% complete. Completion estimated towards the end of May as we wait 30 days for concrete to cure before surfacing and striping can be added to courts. COMPLETE 9. Procurement of Event Equipment— "W I Parks and Recreation 12 d Quarter Consideration of procurement of event equipment (e.g., mobile stage, vehicular and pedestrian barriers, tents and related items) to better equip community events and activities sponsored by the city. COMPLETE 10. School District Intergovernmental Agreement(IGA) I City Manager 1 2nd Quarter 2 The school district has indicated interest in modifying the existing IGA relating to facility use and maintenance.This project would involve significant staff work by the district and city. The city council and school board would ultimately approve modifications to the IGA.This item was carried forward from the FY 12/13 legislative work plan. Status: City Attorney is drafting 2 documents for AJUSD review. ROLL FORWARD 11. Street and Transportation Strategic Plan I Public Works 14t"Quarter Develop a strategic five to ten year plan for the city's transportation network. This item was carried forward from the FY 12/13 legislative work plan. Status: Public Work staff in the last couple months have convey and presented to City Council on the status of the condition of the City's transportation network until a decision has been made on the funding mechanism (sales or property tax), Public Works can move forward. ROLL FORWARD 12. Engineering Standards and Public Works Permit Fees I Public Works 13rd Quarter Consideration of updates to the existing engineering guidelines and public works fees. This item was carried forward from the FY 12/13 legislative work plan. Status: Public Works staff is moving forward with updating fees and engineering standards. Anticipated bringing recommendations to City Council FY 2014/15. ROLL FORWARD 13. Alternative Street Funding I Public Works 12 d Quarter Collections to the Highway Users Revenue Fund continue to decline and maintenance needs for city streets continue to increase. Council and staff will seek out new ways to preserve vital city infrastructure. Findings will be incorporated into the "Street and Transportation Strategic Plan" described in item 11 above.This item was carried forward from the FY 12/13 legislative work plan. Status: Council discussed this at the April 12 strategic planning session.This will result in several new work plan items for FY 2014-15. COMPLETE 14. Dog Park I Parks and Recreation 13rd Quarter A location and plan for a dog park has already been accepted by city council but no funding source has been identified. Direct staff to research and identify alternative funding sources to build this park. This item was carried forward from the FY 12/13 legislative work plan. Status: Lack of funding has prevented this priority project from happening. ROLL FORWARD 15. Annual Street Maintenance Plan I Public Works I Vt Quarter Consider the planned street maintenance and construction projects for the FY 13/14. This is an annual work plan item. COMPLETE 16. Preventive Maintenance Street Projects I Public Works 12 d Quarter 3 Consider an award of contract for slurry seal projects as per FY 13/14 Annual Street Maintenance Plan. This is an annual work plan item. COMPLETE 17. Procurement of Fleet/HURF Vehicles I Public Works 12nd Quarter Consider an award for the procurement of city fleet vehicles and equipment. This is an annual work plan item. COMPLETE 18. Annual Building Maintenance Projects I Public Works I As Needed Consideration of contracts for various budgeted building maintenance projects.This is an annual work plan item. ROLL FORWARD PUBLIC SAFETY 19. Pawn Shop Ordinance Change I Public Safety 1 4"'Quarter Staff is recommending an ordinance change to require pawn shops to utilize an online process to require that all transactions be available by computer to assist the Police Department in their investigations.This item was carried forward from the FY 12/13 legislative work plan. Status: The City Attorney is working with staff on a new draft and will present to council in the next several months. ROLL FORWARD 20. Emergency Operations Planning and Practice I Public Safety I As Needed Review, practice, and improve the City's planning and preparedness for community emergencies. This is an annual work plan item.This is an annual work plan item. Status: Staff is working to organize a table top exercise that will include all parties. ROLL FORWARD THE CITY: INTERNAL ISSUES 21. Recording Planning and Zoning Commission-NEW I City Manager 12 d Quarter Some members of the city council expressed interest in discussing video recording the Planning and Zoning Commission meetings. Staff will bring forward the item on a future council meeting for discussion. Status: COMPLETE. 22. City Code Changes—Elections—NEW I City Clerk 13rd Quarter Amendments to Apache Junction City Code as may be required to bring city code into compliance with mandatory consolidated elections. Status: City Attorney and City Clerk have discussed possible language. ROLL FORWARD 23. City Code Changes—Tax Simplification— N 1 City Clerk 1 4`h Quarter Amendments to the Apache Junction City Code as ma be required to bring city code into compliance with state tax simplification legislation. 4 Status: Still waiting for the process at the state level to complete. Various committees are working through the tax simplification changes. ROLL FORWARD 24. Tax Code Changes—Tax Simplification—NEW I City Clerk 14th Quarter Amendments to Apache Junction Tax Code as may be required to bring tax code into compliance with state tax simplification legislation. Status: Still waiting for the process at the state level to complete. Various committees are working through the tax simplification changes. ROLL FORWARD 25. Update Planning and Zoning Administrative Fees—NEW I Development Services 13rd Quarter Staff will be researching and recommending an update to the administrative fees for planning and zoning applications. ROLL FORWARD 26. Corporate Sponsorship Program—NEW I Development Services 13rd Quarter Staff will seek direction from the Council regarding administration and implementation of the corporate sponsorship program. Status: Council has heard this item at a recent meeting. Staff will continue working on the issue and seek council direction to staff in FY 2014-15. ROLL FORWARD 27. Cable License Agreement—NEW I City Manager 1 3rd Quarter Consideration of a license agreement for cable services provided by Century Link. Status: City Attorney prepared a draft license agreement and submitted to Century Link for review. Century Link has not provided comments yet. ROLL FORWARD 28. Salary, Benefits, and Pay Practices Study— VEW I Human Resources 13rd Quarter Consideration of an award of contract to a third party for services related classification and compensation study.The city council approved funding in the FY 13/14 budget for this purpose. Status: The RFP was released in December. The City Council will be asked to authorize entering into a contract with a consultant on May 20. It is anticipated that the study will commence in May. COMPLETE 29. Personnel Rules Revision— Human Resources 1 3rd Quarter City staff will research and bring forward for council's consideration needed revisions to certain practices in the Personnel Rules (e.g. overtime calculation). COMPLETE 30. Local Preference Procurement—NEW I City Manager 12 d Quarter Members of the city council expressed interest in researching and possible consideration of amending the city purchasing code to allow for awarding bids according to "local preference" instead of strictly lowest bid. 5 Status: Memo to Council sent on August 21, 2014. COMPLETE 31. Use Tax I City Manager 14th Quarter Research and possible consideration of amending the city tax code regarding a city use tax. This item was carried forward from the FY 12/13 legislative work plan. Status: City Council discussed Use Tax at the April 12, 2014 strategic planning session. Staff is prepared to discuss upon council direction to bring forward to a public meeting. ROLL FORWARD 32. Investment Debt Management Policy I Finance 1 0'Quarter The city's financial advisor has counseled that the city adopt an Investment and Debt Management Policy. Doing such will assist city staff in the management of their fiduciary duties. This item was carried forward from the FY 12/13 legislative work plan. Status: Due to budget development being bumped up 2 months early,time involved in the development of the CIP, and reallocation of Non-D, review&adoption could be completed by the end of the fiscal year. ROLL FORWARD 33. Non-sufficient Funds City Code Amendment I Finance 115t Quarter To establish uniformity among departments regarding penalties associated with bounced checks of customers, staff is proposing that an amendment to the city code regarding this issue be reviewed and adopted by the city council.This item was carried forward from the FY 12/13 legislative work plan. Status: This will be presented to city council on September 16th, 2013 during an Executive Session, as well as during that evening's Work Session. COMPLETE 34. Best Value Procurement I City Manager 13rd Quarter Members of the city council expressed interest in researching and possible consideration of amending the city purchasing code to allow for awarding bids according to "best value" instead of strictly lowest bid.This item was carried forward from the FY 12/13 legislative work plan. Status: Staff will work to get legal review of this topic and in appropriate will bring forward for council discussion. ROLL FORWARD 35. Water District Incorporation I City Manager 1 2"d Quarter Some members of the city council expressed interest in researching, discussing, and possible consideration of making the Water District a city owned utility.This item was carried forward from the FY 12/13 legislative work plan. ROLL FORWARD 36. Sewer District Oversight I City Manager I As Needed Some members of the city council expressed interest in researching, discussing, and possible consideration of increasing oversight of the Superstition Mountain Community Facilities District. This item was carried forward from the FY 12/13 legislative work plan. ROLL FORWARD 6 37. Purchasing Code I City Manager 12 d Quarter Some members of the city council expressed interest in considering possible amendment to the purchasing code to raise the dollar limit on expenditures that require city council approval. This item was carried forward from the FY 12/13 legislative work plan. Status: Presented to Council on January 21 and a March 3rd follow up. COMPLETE 38. Annual Budget I City Manager 1 41h Quarter City council will consider the FY 13/14 annual budget. This is an annual work plan item. Status: On Council Special Meeting agenda for May 5. COMPLETE 39. League Resolutions I City Manager 14th Quarter Each year the city council has the opportunity to submit or cosponsor resolutions to the League of Arizona Cities and Towns Resolutions Committee.This is an annual work plan item. Status: On Council agenda for May 19. COMPLETE. ECONOMIC DEVELOPMENT 40. Coordination of Economic Development Efforts—NEW I Economic Development 1 2"d Quarter The city has many economic development, tourism, and community outreach resources at its disposal. Council expressed interest in exploring how we better leverage those resources to gain interest in visiting and growing the community, with particular interest showcasing the potential of growth in the Lost Dutchman Heights area. They also expressed the desire to understand and possibly streamline or cross-train city staff's involvement in the different resource areas to provide for a greater ability to respond to any interested parties. ROLL FORWARD 41. Bicycling—NEW I Economic Development 10 Quarter More than $88 million in economic effects is generated each year from out-of-state bicycle enthusiasts. A recent study by ADOT also found that approximately 39,000 in-state and 14,000 out- of-state participants are involved annually in as many as 250 bicycling events held throughout the state, solidifying Arizona's major role in bicycle tourism. Research and discuss opportunities to further the economic benefit to Apache Junction by exploring the actions our community could take to promote, encourage, and make safer bicycling in and around Apache Junction. ROLL FORWARD 42. Downtown Events I Economic Development I As Needed Research and discuss opportunities to facilitate bringing additional events into the downtown. This item was carried forward from the FY 12/13 legislative work plan. Status: Considering options for acquisition of public space that could be utilized for downtown events. ROLL FORWARD 43. Downtown Policies I Economic Development I As Needed, 4rh Quarter 7 Numerous policies need to be addressed by the city council according to the Downtown Redevelopment and Implementation Strategy adopted on September 21, 2010, including: 1. Business Improvement District—Funding option to continue investments into downtown -As Needed 2. Funding tourism—Dedicating a portion of the City's Transient Lodging Tax for tourism—As Needed. 3. Public Art—Process and funding-As Needed 4. City Toolkit— Update to be reflective of what is actually available -0 Quarter 5. Infill Incentive District— Update to be reflective of actual incentives—4r" Quarter Status: Staff is addressing these items as they arise. Public Art committee process,toolkit and infill incentives will be examined this year. Assuming more focus is desired for tourism promotion, council may want to explore additional funding via a dedicated portion of transient lodging tax. ROLL FORWARD 44. Apache Junction Visitor Center Contract Renewal/Update I Economic Development 1 3rd Quarter If not a renewal year when the council reviews and considers the continuation of the visitor center services,the chamber will provide the council with an update on the services provided at the visitor's center. This is an annual work plan item. COMPLETE 45. Greater Phoenix Economic Council(GPEC)Contract Renewal I Economic Development 115T Quarter Annually the city council reviews and considers the city's participation in the GPEC, consider the return on investment and hear of GPEC's plans for the coming year, prior to making a decision on contract renewal. This is an annual work plan item. COMPLETE 8 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 7. Piz File ID: 14-243 Sponsor: Bryant Powell Agenda Date: 5/19/2014 Index: In Control: City Council Work Session Presentation and discussion on quarterly update on the Downtown Redevelopment and Implementation Strategy (DRIS). The DRIS, adopted by the city council with the approval of Resolution No. 10-34, recommends specific goals and strategies geared toward fostering revitalization in the downtown. The resolution requires staff to provide a quarterly update to the mayor and city council on the status of the items in the work plan, and any suggested staff modifications thereto. Mr. Ed Gawf with G&G Consulting, LLC and primary author of the DRIS will be present to share with the city council his thoughts on progress, next steps and maintaining the momentum for downtown Apache Junction. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.8. '+'Piz File ID: 14-250 Sponsor: Kathy Connelly Agenda Date: 5/19/2014 Index: In Control: City Council Work Session Revisions to Apache Junction City Code, Chapter 3, Administration, to establish uniform language to allow the city manager to have sole discretion in removing department heads without city council ratification. Current city code language is inconsistent in the appointment and removal process for department head positions. Council may direct staff to amend the code and establish consistency. This item will be on the May 20 agenda as direction to staff. Discussion only. City of Apache Junction,Arizona Page 1 Printed on 611512026 MAY 7, 2014 MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL MEMBERS THROUGH: GEORGE HOFFMAN, CITY MANAGER FROM: KATHLEEN CONNELLY, CITY CLERK SUBJECT: REVISIONS TO APACHE JUNCTION CITY CODE, CHAPTER 3 ADMINISTRATION (DEPARTMENT HEAD APPOINTMENT AND REMOVAL LANGUAGE) Chapter 3 of the city code includes sections of each of the city departments — city clerk, finance, public works, public safety, development services, library and parks and recreation. Each section has similar language regarding department internal structure, duties and responsibilities and manner of appointment and removal. The text within the subsections dealing with appointment and removal is inconsistent. In most of the subsections the text requires appointment and removal by the city manager subject to ratification by the city council. This reference appears in the departments of city clerk, finance, public works, development services, library and parks and recreation. The text for public safety differs in that only the appointment is subject to ratification by the city council and removal is at the sole discretion of the city manager. The public safety section was rewritten in 2013. The rest of the sections may very well go back to the code as originally adopted in 1979. The council may wish to have the code text for appointment and removal read similar to that for public safety. If so, staff would need direction to proceed with making these changes through an ordinance which would be brought back before you for a public hearing. ALP Page 7 of 36 3-2-1 Department established 3-2-2 Bond 3-2-3 Powers and duties 3-2-4 Vacancies 3-2-5 Divisions within the Department 3-2-6 Deputy City Clerk § 3-2-1 DEPARTMENT ESTABLISHED. (A) The Department of the City Clerk of the City of Apache Junction is hereby created and established. It shall be the duty of the City Clerk to attend all meetings of the Council unless at his or her request he or she is excused therefrom by the Mayor individually or by the Council, and shall be responsible for recording the minutes and presenting them to the Council for approval. (B) (1) The Department of the City Clerk shall consist of the City Clerk, who shall be head of the department, and all other officers and employees assigned thereto. All such officers and employees shall perform their duties subject to the supervision of the City Clerk, who shall report directly to the City Manager. ----� (2) The City Clerk shall supervise the department in accordance with applicable personnel ordinances and shall exercise such powers and perform such duties as are conferred and required by applicable ordinance, resolution or other lawful directives. The City Clerk shall be ap ointed and removed by the City Manager subject to ratif of the Council, and shall serve and receive such compensation as shall be determine in accordance with applicable personnel ordinances. (Prior Code, § 3-2-1) J§ 3-2-2 BOND. Before entering upon his or her duties of office, the City Clerk shall execute a bond in such amount as is provided by statute, conditioned upon the faithful performance of his or her duties. Any premium for such bond shall be a proper charge against the city. (Prior Code, § 3-2-2) § 3-2-3 POWERS AND DUTIES. (A) Signatures. The City Clerk shall seal and attest all contracts of http://www.amlegal.com/nxt/gateway.dll/Arizona/apachejunction_az/c hapter3ad ministrati... 3/26/2014 ALP Page 10 of 36 § 3-3-1 DEPARTMENT ESTABLISHED. L (A) There is hereby created the Department of Finance. This Department shall consist of the Director of Finance who shall be the head of the department and all other officers and employees assigned thereto. (B) All the officers and employees shall perform their duties subject to the supervision of the Director of Finance who shall report directly to the City Manager. The Director of Finance shall supervise his or her office in accordance with the applicable personnel ordinances and shall exercise such powers and perform such duties as are customarily conferred and required by applicable ordinance, resolution or lawful directive. } (C) The Director of Finance shall be appointed and removed bY>1W CitMana er subject to ratification of the Council and shall serve and receive such compensation as shall be determined in accordance with the applicable personnel ordinance. (Prior Code, § 3-3-1) § 3-3-2 POWERS AND DUTIES. It shall be the duty of the Department of Finance to: (A) Plan, direct and control the operations of the finance office, including department personnel, reporting, coordination of activities and organizational and performance reviews of central accounting systems, including pre-audit, internal audit, posting of expenditure, accounting controls, fiscal and capital budget, payroll, data processing, purchasing, investment program, insurance program, bond program and other related activities; (B) Direct receipt, deposit and investment of all city monies, together with records thereof; (C) Keep accounts showing all money received and the source and disposition thereof and other such accounts as may be required by statute or ordinance. To keep the City Manager/Council fully advised as to the financial condition of the city with the preparation of revenue, expenditure, debt, cost and other statements in such form and in such manner as requested by the Council; (D) Direct the recording of all physical properties of the city and the department or office to which the respective properties are assigned; and (E) Direct the maintenance of all special assessment records and http://w-ww.amlegal.com/nxt/gateway,dll/Arizona/apachej unction_az/chapter3 administrati... 3/26/2014 ALP Page 12) of 36 under the guidance and direction of and report directly to the City Manager. (C) The Director of Public Works shall supervise his or her department in accordance with the applicable personnel ordinances and Vol. I, Article 3-10 and shall exercise such powers and perform such duties as are customarily conferred and required by Vol. 1, applicable ordinances, resolutions or lawful directives. (D) The position of the Director of Public Works is hereby declared as classified service, and he or she shall be appointed and removed by the City Manager subject to ratification of the Council; and shall serve and receive such compensation as shall be determined in accordance with the applicable city rules and regulations. (Prior Code, § 3-5-1) (Am. Ord. 1360,passed 4-6-2010) J§ 3-5-2 DIVISIONS OF DEPARTMENT. (A) There is hereby created within the Department of Public Works, the Division of Operations and the Division of Engineering. (B) Division superintendents and section heads shall be appointed and removed by the Director of Public Works subject to the ratification of the City Manager and provisions of Vol. I, Article 3-10 as it now exists or may be hereafter amended. (Prior Code, § 3-5-2) (Am. Ord. 1360, passed 4-6-2010) lJ§ 3-5-3 POWERS AND DUTIES. (A) In addition to those duties set forth in this article, the Department of Public Works, or his or her designee, shall have charge of and supervision over the care, maintenance, design, inspection and construction of all streets, sidewalks, alleys and public ways and determination for and placement of all street signage and traffic control devices; the design, inspection, construction, operation and maintenance of all storm water and sanitary sewer systems and facilities, and all street gutters, drains, drainage ways, water and wastewater treatment facilities, improvement districts, easements and the appurtenances thereto; the care, maintenance and construction of all public buildings, the operation, maintenance and construction of all other public works projects and improvements within the jurisdiction of the city. (B) The Department of Public Works Director, or his or her designee, may also be responsible for, or oversight of, the construction of all streets, sidewalks, alleys, public ways, sanitary sewers, street gutters, drains, drainage ways, wastewater treatment facilities, improvement district easements and appurtenances thereto. http://www.amlegal.com/nxt/gateway.dil/Arizona/apache j unction_az/chapter3 administrati... 3/26/2014 ALP Page 17 of 36 It shall be the function of the department to preserve order, enforce Vol. I, ordinances and laws in the city and the state, preserve the peace, and render aid in the case of disaster or accident. (Prior Code, § 3-6-2) §3-6-3 DUTIES OF DIRECTOR; APPOINTMENT AND DISMISSAL. (A) Duties. The Director of Public Safety shall have all the duties and powers assigned by Vol. I, city ordinance, state or federal law. (B) Appointment and dismissal. The position of the Director is hereby declared as a classified career status employee as defined under City of Apache Junction Personnel Rules, Rule 2, Definition of Terms, § 4, Career Status. The Director's appointment by the City Manager shall be ratified by the Mayor and Council. Removal shall be by the City Manager in his or her sole discretion without ratification - y the Ma or a`icn �ounci . � � r (Prior Code, § 3-6-3) (Am. Ord. 1321, passed 6-17-2008, Am. Ord. 1392,passed 7-2-2013) A§3-6-4 DIVISIONS OF DEPARTMENT. There shall be divisions within the Department of Public Safety as the City Manager deems fit. All heads of divisions shall be appointed and removed by the Director subject to the ratification of the City Manager and the provisions of Vol. I, Article 3-]0 as it now exists or may be amended thereafter. (Prior Code, § 3-6-4) J§ 3-6-5 POLICIES, PROCEDURES AND ORDERS. (A) Director's authority. The Director may make or prescribe operational policies, procedures and orders for the conduct of the department. The policies, procedures and orders, when approved by the City Manager and subject to the legal review and approval by the City Attorney, shall be binding and may cover the conduct of the members, uniforms and equipment to be worn, carried or utilized, minimum standards of behavior and other matters necessary or desirable for the better efficiency of the Department. (B) City Manager notification to Council. The City Manager shall notify the Council of the rules and regulations once reviewed and approved as to form by the City Attorney. http;//xvu,x,,,.amlcc,al.com/nxt/gateNN ay.dll/Arizona/apachejunction_az/chapter3administrati... 3/26/2014 ALP Page 26 of 36 Section 3-9-1 Department established 3-9-2 Divisions of department 3-9-3 Powers and duties 3-9-4 Division of building safety and inspection 3-9-5 Division of planning 3-9-6 Division of code compliance § 3-9-1 DEPARTMENT ESTABLISHED. (A) There is hereby created the Department of Development Services, an executive department of the city. It shall consist of the Director of Development Services who shall be the head of the department, and all officers and employees assigned thereto. All such officers and employees shall perform their duties subject to the supervision of the Director who shall operate solely under the guidance and direction of and report directly to the City Manager. (B) The Director of Development Services shall supervise the Department in accordance with the applicable personnel ordinances and Vol. I, Article 3-10 of the code and shall exercise such powers and perform such duties as are customarily conferred and required by Vol. I, applicable ordinance, resolution or lawful directive. The position of the Director of Development Services is hereby declared as classified service an s a e ap ointed and remove Y the City anager subject to ratification by the Council. (Prior Code, § 3-9-1) 0§ 3-9-2 DIVISIONS OF DEPARTMENT. There are hereby created within the Department of Development Services the divisions of building safety and inspection, division of planning and division of code compliance. Division managers and assigned staff shall be appointed and removed by the director of development services subject to the ratification of the City Manager and the provisions of Vol. I, Article 3-10 of the code as it now exists or may be hereafter amended. (Prior Code, § 3-9-2) http://www.amlegal.com/nxt/gateway.dll/Arizona/apachej unction_az/chapter3 administrati... 3/2 6/2014 ALP Page 29 of 36 LIBRARY Section 3-11-1 Department established -11-? Duties of Library Director §3-11-1 OFFICE ESTABLISHED. A The Department of the Library of the City of Apache .function O P Y Y P is hereby created and established. It shall consist of the Library Director who shall be the chief administrator of the Department and all other employees assigned thereto. All other employees shall perform their duties subject to the supervision of the Library Director who shall operate under the guidance and direction of and report directly to the City Manager. The Library Director shall supervise his Department in accordance with the applicable personnel ordinances and shall exercise such powers and perform such duties as are required by Vol. I, applicable ordinances, resolutions or lawful directives. (B) The position of the Library Director is hereby declared as classified service, and he or she shall be appointed and removed. ~� the City Manager ubiect to ratification of the Council- and shall serve and receive such compensation as shall be determined in accordance with the applicable personnel ordinance. (Prior Code, § 3-I 1-1) J§ 3-11-2 DUTIES OF LIBRARY DIRECTOR. The Library Director shall: (A) Retain all duties and responsibilities assigned by Vol. I, law or ordinance and shall abide by those set forth in A.R.S. §§ 9-411 through 9-420. (B) Consult with the President of the Library Board as to the items to be included on the agenda of meetings for the Board prior to the preparation and distribution of the agenda by the Library Director. The Library Director, if requested by any Board members, shall include on the agenda any item requested by the Board member. (C) Prepare and distribute the official minutes of all Library Board meetings. (D) Consult with the Library Board and City Manager on the establishment of all policies and procedures including, but not limited to library hours, general standards of service, book selection, policy http://www.amlegaI.com/nxt/gateway.dl l/Arizona/apachej unction_az/chapter3 admini strati... 3/26/2014 ALP Page 31 of 36 3-1 3-4 Assignment and custody of physical properties -13-5 Banner placement and supervision J§ 3-13-1 DEPARTMENT ESTABLISHED. There is hereby created the Department of Parks and Recreation, an executive department of the city. It shall consist of the Director of Parks and Recreation who shall be the head of the department and all officers and employees assigned thereto. All such officers and employees shall perform their duties subject to the supervision of the director, who shall operate solely under the guidance and direction of, and report directly to, the City Manager. The Director of Parks and Recreation shall supervise the department in accordance with the applicable personnel ordinances and Vol. I, Article ')-I(-) and shall exercise such powers and perform such duties as are customarily conferred and required by Vol. 1, applicable ordinances, resolutions or lawful directives. The position of Director of Parks and Recreation is hereby declared as classified service, and the Director shall be appointed and removed bX the CitX Manager_ su 'ect to ratification of the Council and shall serve and receive such compensation as shall be determined in accordance with the applicable personnel ordinance. (Prior Code, § 3-13-1) J§ 3-13-2 DIVISIONS OF THE DEPARTMENT. There are hereby created within the Department of Parks and Recreation, the divisions of recreation, park development and maintenance; and other such divisions as the Director deems appropriate for the efficient and expeditious operation of the department. Division heads shall be appointed and removed by the Director of Parks and Recreation subject to ratification by the City Manager and the provisions of Vol. I, :article 3-10 as it now exists or may be hereafter amended. (Prior Code, § 3-13-2) 0§ 3-13-3 POWERS AND DUTIES. The Director of Parks and Recreation shall: (A) Administer and operate existing recreation and park areas, facilities and programs and plan for the acquisition, development and operation of proposed facilities and programs in accordance with policies set by the Director, by lawful directives, by the Council and, when possible, with the recommendations formulated by the Parks http://www.amlegal.com/nxt/gateway.dll/Arizona/apachejunction az/chapter3administrati... 3/26/2014 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 9. '+'Piz File ID: 14-254 Sponsor: Kathy Connelly Agenda Date: 5/19/2014 Index: In Control: City Council Work Session Discussion on changes to Apache Junction City Code, Volume I, Chapter 3, Administration, Article 3-1 City Manager, Section 3-1-8 Powers and Duties, in order to make code provisions consistent with actual practice. This code section requires that the city manager make recommendations on all agenda items. Council has changed position on this in the past and may wish to revise the code accordingly. Discussion only. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 10. Piz File ID: 14-257 Sponsor: Joel Stern Agenda Date: 5/19/2014 Index: In Control: City Council Work Session Discussion and update on Silverado Estates. Earlier this year residents of Silverado Estates contacted the city relating to code compliance and harassment issues within the park located at 2900 West Superstition Blvd. Mayor and city council has requested an update on this matter. Discussion only. City of Apache Junction,Arizona Page 1 Printed on 611512026